What is the history of the Delaware Chancery Court?
The Delaware Chancery Court has a long history. Even though Delaware had no provision for a Chancery Court in the original Delaware Constitution of 1776, the Court of Chancery was established when the Delaware Constitution was revised in 1792.
William Killen was the first Chancellor of the Court. Killen was a highly respected incumbent Chief Justice of Delaware. When George Read was being considered as the new Chief Justice of Delaware, he refused unless provisions were made for Judge Killen.
To solve the problem, a new court was established for Judge Killen. This was the beginning of the Delaware Court of Chancery.
What is the history of chancery courts in general?
The English common law system is where we first see the Court of Chancery. The English had separate courts to hear matters of law or equity.
Delaware recognized the importance of the English common law. Delaware saw value in the Chancery Court system. Even though England abolished the Chancery Court in 1873-75 and New York abolished the Chancery Court in 1847, Delaware did not follow the reforms of New York and England.